Radical Critiques of the Law

Radical Critiques of the Law

by Stephen M. Griffin
     
 

The past two decades have seen an outpouring of work in legal theory that is self-consciously critical of aspects of American law and the institutions of the liberal state. In this lively volume, eminent scholars in philosophy, law, and political science respond to this recent scholarship by exploring what constitutes a "radical" critique of the law, examining such… See more details below

Overview

The past two decades have seen an outpouring of work in legal theory that is self-consciously critical of aspects of American law and the institutions of the liberal state. In this lively volume, eminent scholars in philosophy, law, and political science respond to this recent scholarship by exploring what constitutes a "radical" critique of the law, examining such theories as critical legal studies, feminist theory and theories of "difference," and critical race theory.

The authors consider whether the critiques advanced in recent legal theory can truly be called radical and what form a radical critique of American law should take. Writing at the cutting edge of the critique of critical legal theory, they offer insights first on critical legal scholarship, then on feminist political and legal theory. A third group of contributions questions the radicalness of these approaches in light of their failure to challenge fundamental aspects of liberalism, while a final section focuses on current issues of legal reform through critical views on criminal punishment, including observations on rape and hate speech.

Each major essay describes the underlying principles in the development of a radical legal theory and addresses unresolved questions relating to it, while accompanying commentaries present conflicting views. The resulting dialogue explores wide-ranging issues like equity, value relativism, adversarial and empathic legal advocacy, communitarianism and the social contract, impartiality and contingency, "natural" law, and corrective justice. A common thread for many of the articles is a focus on the social dimension of society and law, which finds the individualism of prevailing liberal theories too limiting.

Radical Critiques of the Law is particularly unique in presenting critical and feminist approaches in one volume—along with skeptical commentary about just how radical some critiques really are. Proposing alternative critiques that embody considerably greater promise of being truly radical, it offers provocative reading for both philosophers and legal scholars by showing that many claims to radicalism are highly problematic at best.

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Product Details

ISBN-13:
9780700608461
Publisher:
University Press of Kansas
Publication date:
09/28/1997
Series:
Amintaphil Series
Edition description:
New Edition
Pages:
352
Product dimensions:
6.05(w) x 9.01(h) x 1.07(d)

Table of Contents

Preface
Editors' Introduction1
Pt. ICritical Legal Studies and Critical Legal Theory19
1Critical Legal Parricide, or: What's So Bad About Warmed-Over Legal Realism?21
2Indeterminacy and Equity44
3Jurgen Habermas's Recent Philosophy of Law, and the Optimum Point Between Abstract Universalism and Communitarianism67
4Legal Advocacy, Cooperation, and Dispute Resolution83
Comment98
Pt. IIFeminist Political and Legal Theory105
5Autonomy and the Encumbered Self107
Comment128
Comment135
6Feminist Legal Critics: The Reluctant Radicals143
7Law and Social Exclusion162
Comment180
Comment186
Pt. IIILiberal Responses to Feminist and Critical Theory193
8Are Feminist and Critical Legal Theory Radical?195
9Liberalism and Radical Critiques of the Law205
10Liberalism, Radicalism, Muddlism: Comments on Some New Ways of Thinking About Legal Questions215
Pt. IVCritical Views on Criminal Punishment231
11Feminism, Women, and the Criminal Law233
12A Radical Critique of Criminal Punishment253
13Punishment and Inclusion: The Presuppositions of Corrective Justice in Aristotle and What They Imply273
14Jurisprudential Indeterminacy: The Case of Hate Speech Regulation293
15First Amendment Liberalism and Hate Speech: After R. A. V. v. St. Paul310
Contributors333
Index335

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